chapt 7

These flashcards encompass key concepts related to the judiciary in American and Texas government, focusing on important cases, terminology, and judicial principles.

Basic facts about the Supreme Court as covered in class

The highest judicial court in the United States, consisting of a chief justice and eight associate justices, with final appellate jurisdiction over all federal court cases and state court cases involving issues of federal law, and original jurisdiction over a small range of cases.

Amicus curiae

A Latin term meaning 'friend of the court.' It refers to a brief submitted by a third party (an individual or organization) not directly involved in a case, offering additional relevant information, expertise, or arguments to influence the court's decision.

Appellate court (US Court of Appeals and state level)

A court that reviews decisions made by lower courts (trial courts). The U.S. Courts of Appeals are federal appellate courts, divided into 13 circuits, that hear appeals from U.S. District Courts. State appellate courts perform a similar function for state trial court decisions.

Appellate jurisdiction

The power of a higher court to review, amend, and overturn decisions of lower courts. This jurisdiction does not involve hearing new evidence or testimony but rather examining the record of the lower court for legal errors.

Cert pool

A system used by the Supreme Court where law clerks from participating justices' chambers collectively review petitions for a writ of certiorari, summarize them, and make recommendations to their respective justices regarding whether to grant review.

Checks and balances on Judicial power

Mechanisms by which the other branches of government limit the power of the judiciary. Examples include presidential appointment of judges (with Senate confirmation), Congress's power to impeach judges, alter the number of justices, or propose constitutional amendments to overturn court decisions.

Civil v. Criminal case

A civil case involves legal disputes between individuals or organizations, seeking remedies (often monetary damages) for wrongs or injuries. A criminal case involves the government prosecuting an individual for an act that violates a law, with potential penalties including fines, imprisonment, or both.

Class action suit

A lawsuit in which a large group of people with common interests and similar claims collectively sue a defendant or defendants. This allows a single case to resolve the claims of many individuals who have been similarly harmed.

Common law

A legal system developed through judicial decisions in courts, rather than through legislative statutes. It relies heavily on prior judicial precedents (stare decisis) as a guide for deciding future cases.

Constitutional courts

Federal courts created under Article III of the U.S. Constitution, which includes the Supreme Court, U.S. Courts of Appeals, and U.S. District Courts. Judges in these courts serve lifetime appointments and have protections against salary reduction.

Constitutional interpretation

The process by which judges and legal scholars determine the meaning and application of provisions within the U.S. Constitution, often involving various methodologies such as originalism, textualism, or a living constitution approach.

Court system defendant

In a legal case, the defendant is the party against whom a lawsuit is brought (in a civil case) or who is accused of a crime (in a criminal case).

Different court levels in our country (district, court of appeals, supreme court)

The federal court system consists of a three-tiered structure: District Courts (trial courts with original jurisdiction), U.S. Courts of Appeals (intermediate appellate courts), and the Supreme Court (the highest court with final appellate jurisdiction, and limited original jurisdiction).

District courts

The primary trial courts in the federal system. These courts have original jurisdiction, meaning they are the first to hear most federal cases, where trials are held and evidence is presented. There are 94 federal judicial districts.

Dual system

Refers to the co-existence of separate federal and state court systems in the United States, each with its own jurisdiction. Federal courts handle federal law, while state courts handle state law, though some overlap exists.

In forma pauperis

A Latin legal term meaning 'in the manner of a pauper.' It allows an indigent person to proceed in court without paying filing fees or other court costs, typically by submitting an affidavit of poverty. Many Supreme Court appeals are filed this way.

Judicial activism

A judicial philosophy where judges are willing to depart from precedent and play an active role in shaping public policy by broadly interpreting the Constitution and statutes, often to protect rights or promote social change.

Judicial restraint

A judicial philosophy where judges limit the exercise of their own power. They typically defer to the democratically elected legislative and executive branches, overturning laws only when there's a clear constitutional violation, and adhere closely to precedent.

Judicial review

The power of the courts, particularly the Supreme Court, to determine whether acts of the legislative and executive branches of government are consistent with the U.S. Constitution. If deemed unconstitutional, the acts are declared void.

Judiciary Act of 17

This likely refers to the Judiciary Act of 1789, which established the structure of the federal court system, including the Supreme Court with a Chief Justice and five associate justices, 13 district courts, and 3 circuit courts of appeals (though these circuit courts originally had appellate and trial jurisdiction).

Jurisdiction

The official power of a court or other legal body to hear and decide a case. It can be categorized as original (first instance) or appellate (reviewing lower court decisions), and also by subject matter or geographic area.

Living constitution

A judicial philosophy that holds that the U.S. Constitution should be interpreted in light of present-day societal values and conditions, rather than being strictly bound by the original intentions of its framers. It views the Constitution as an adaptable document.

Marbury v. Madison

A landmark 1803 Supreme Court case that established the principle of judicial review. The Court, led by Chief Justice John Marshall, declared a portion of the Judiciary Act of 1789 unconstitutional, asserting its power to strike down laws it deems in violation of the Constitution.

Marshall Court

Refers to the period when John Marshall served as Chief Justice of the Supreme Court (1801-1835). This era is significant for establishing the Court's authority, strengthening the federal government relative to state governments, and promoting a broad interpretation of the Constitution.

Mootness

A legal doctrine that prevents courts from hearing cases where the underlying controversy has already been resolved or no longer exists, making a judicial decision unnecessary or without practical effect. Courts cannot issue advisory opinions.

Opinions of the Court (different types, who do they apply to, how assigned)

After a decision, the Court issues opinions: the Majority Opinion (the official ruling, sets precedent, written by a justice assigned by the Chief Justice if in the majority, or the most senior justice in the majority), Concurring Opinion (agrees with the majority's outcome but for different legal reasoning), and Dissenting Opinion (disagrees with the majority's outcome and reasoning). These opinions apply to future cases and legal interpretation.

Oral arguments

The spoken presentations made by attorneys for each side to an appellate court, including the Supreme Court, after written briefs have been submitted. During oral arguments, justices can ask questions directly to the attorneys, probing their legal arguments.

Original intention

A judicial philosophy (often associated with originalism) that seeks to interpret the Constitution by understanding the original intentions or understandings of the framers when the document was written and ratified. It emphasizes historical context.

Original jurisdiction

The authority of a court to hear a case for the first time, as opposed to reviewing a lower court's decision. For the Supreme Court, original jurisdiction is very limited, primarily involving disputes between states or cases involving ambassadors.

Per curiam opinion

A brief, unsigned opinion issued by the Supreme Court, often to indicate (in unanimous decisions) that the Court's ruling is so obvious that it does not warrant a full, signed explanation. These opinions typically do not set a broad precedent.

Plaintiff

In a civil case, the plaintiff is the party who initiates a lawsuit, bringing a legal action against another party (the defendant) to seek a legal remedy for a perceived wrong.

Plea bargaining

A negotiation in criminal cases between the prosecutor, defendant, and defendant's attorney, in which the defendant agrees to plead guilty to a lesser charge or to one of multiple charges in exchange for a more lenient sentence or dismissal of other charges.

Plurality opinion

An opinion from a group of judges in an appellate court where no single opinion received the support of a majority of the court, but the plurality opinion was joined by more judges than any other opinion. It often indicates a lack of full consensus on the legal reasoning.

Power of the Supreme Court

The Supreme Court's primary powers include judicial review (declaring laws unconstitutional), interpreting the Constitution and federal laws, setting precedents through its opinions, and serving as the final court of appeals in the federal judiciary.

Precedents Copyright © 2024

A precedent is a past legal decision or ruling that guides or serves as an example for future similar cases. The principle of stare decisis dictates that courts should generally follow precedents. The 'Copyright © 2024' part is a metadata tag and not part of the legal definition.

Procedural doctrine

A set of rules, principles, and practices that govern the conduct of legal proceedings and dictate when and how courts can hear cases. Examples include standing, mootness, ripeness, and the political question doctrine, which limit judicial power.

Role of other branches of government with judiciary

The Executive Branch (President) appoints federal judges and pardons individuals. The Legislative Branch (Congress) creates lower courts, sets judicial salaries, approves judicial appointments, can impeach judges, and can propose constitutional amendments to override court decisions.

Rule of Four

A Supreme Court practice that dictates that at least four of the nine justices must agree to grant a petition for a writ of certiorari for a case to be heard by the Court. This ensures that a minority of justices can bring cases to the Court's attention.

Senatorial courtesy

An unwritten political custom in the U.S. that allows senators to block presidential nominations for federal offices (including judgeships) in their home state by merely indicating their objection. This gives individual senators significant influence over appointments.

Shadow docket

Refers to the Supreme Court's expedited rulings and orders issued outside its regular full merits docket. These decisions often come without full briefing, oral argument, or signed opinions, and can involve significant legal questions, particularly in emergency cases or appeals from lower court injunctions.

Solicitor general

The fourth highest-ranking official in the U.S. Department of Justice. The Solicitor General represents the U.S. government before the Supreme Court, deciding which cases the government will appeal to the Court and arguing on behalf of the U.S. in most cases before the Court.

Standing

A legal requirement that a party must demonstrate a sufficient connection to and harm from the law or action challenged to bring a lawsuit. To have standing, a plaintiff must show they have suffered an actual injury, that the injury is traceable to the defendant's actions, and that a favorable judicial decision could redress the injury.

Stare decisis

A Latin phrase meaning 'to stand by things decided.' It is a fundamental legal principle requiring courts to follow precedents established in prior judicial decisions, promoting consistency, predictability, and stability in the law.

Statutory Construction

The process by which courts interpret and apply legislation (statutes) to specific cases. It involves determining the intent of the legislature when the law was passed and applying appropriate rules of interpretation to ambiguous language.

Statutory interpretation

The process of determining the meaning of legislative statutes. This often involves examining the text of the law, legislative history, and the purpose of the statute to apply it correctly to a given set of facts. (Synonymous with statutory construction).

Strict construction

A judicial philosophy that holds that the U.S. Constitution and statutes should be interpreted narrowly and literally, adhering closely to the text and avoiding broad interpretations based on implied meanings or evolving societal values.

Supreme Court basic things about how they organize themselves

The Supreme Court consists of nine justices (one Chief Justice and eight Associate Justices). Cases are heard en banc. A majority vote determines decisions. The Court's term begins on the first Monday in October and typically runs through June.

Trial court

A court of first instance where cases are initially heard, evidence is presented, and facts are determined. These courts have original jurisdiction and are where most legal proceedings (both civil and criminal) begin.

Writ of certiorari

A formal request made to the Supreme Court (or a state supreme court) by a litigant seeking review of a lower court's decision. It is an order from a